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In reply to the discussion: Judge Rules Jury Can Consider Castle Doctrine In Amber Guyger Murder Trial [View all]WhiskeyGrinder
(26,135 posts)10. From the legislator who wrote the Texas law:
https://www.mysanantonio.com/community/northeast/news/article/Texas-Castle-Doctrine-law-protects-our-3507040.php
The Texas law presumes that the use of force is reasonable and necessary when someone is unlawfully and with force entering or attempting to enter your occupied home, car, or place of business, or when someone is committing or trying to commit a crime against you.
But Texas law, like Florida's, states that if a person has a right to be present at a location where force is used, has not provoked the person against whom the force is used, and is not engaged in criminal activity at the time the force is used, is not required to retreat before using force to protect themselves.
This means that if we are standing in our front yard, a mall, a grocery store, or any place we have a right to be legally, we are not required by law to retreat but may defend ourselves if attacked.
Our law clarifies that people are entitled to the presumption of reasonable use of force to protect themselves.
But Texas law, like Florida's, states that if a person has a right to be present at a location where force is used, has not provoked the person against whom the force is used, and is not engaged in criminal activity at the time the force is used, is not required to retreat before using force to protect themselves.
This means that if we are standing in our front yard, a mall, a grocery store, or any place we have a right to be legally, we are not required by law to retreat but may defend ourselves if attacked.
Our law clarifies that people are entitled to the presumption of reasonable use of force to protect themselves.
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Judge Rules Jury Can Consider Castle Doctrine In Amber Guyger Murder Trial [View all]
WhiskeyGrinder
Sep 2019
OP
White shooters killing black people are more likely to be deemed "justifiable."
WhiskeyGrinder
Sep 2019
#1
That's such a convoluted explanation for letting a person off who broke into
DemocraticSocialist8
Sep 2019
#14
That pretty much sinks her ship since she didn't have a right to legally be in the guy's apartment.
Vinca
Sep 2019
#22
Yeah, I'm not seeing a convincing argument that she had a legal right to be there.
Dr. Strange
Sep 2019
#30
The judge just set the stage for her getting manslaughter and a 1-3 year sentence.
brush
Sep 2019
#4
I hate to think what thought you just put into my head. From the judge's ruling it's clear...
brush
Sep 2019
#8
I'm guessing that distinction is what the jury is going to come down to.
WhiskeyGrinder
Sep 2019
#15
That sucks!!! It applies to Amber...(I was thinking it might apply to Botham Jean)
LeftInTX
Sep 2019
#19
So folk in Texas can just blow each other away as along as they believe their at their home?!?!?
uponit7771
Sep 2019
#23